Law of the People's Republic of China on Garrisoning the Hong Kong Special Administrative Region [Effective]

Source:MOD Editor:Huang Panyue 2017-03-03

ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA

No. 80

The Law of the People's Republic of China on Garrisoning the Hong Kong

Special Administrative Region, adopted at the 23rd Meeting of the

Standing Committee of the Eighth National People's Congress on December

30, 1996, is hereby promulgated and shall enter into force as of July 1,

1997.

Jiang Zemin

President of the People's Republic of China

December 30, 1996

LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON GARRISONING THE HONG KONG

SPECIAL ADMINISTRATIVE REGION

(Adopted at the 23rd Meeting of the Standing Committee of the Eighth

National People's Congress on December 30, 1996, promulgated by Order

No. 80 of the President of the People's Republic of China on December

30, 1996, and effective as of July 1, 1997)

CONTENTS

CHAPTER I GENERAL PROVISIONS

CHAPTER II FUNCTIONS AND RESPONSIBILITIES OF THE HONG KONG GARRISON

CHAPTER III RELATIONSHIP BETWEEN THE HONG KONG GARRISON AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

CHAPTER IV OBLIGATIONS OF AND DISCIPLINE FOR MEMBERS OF THE HONG KONG GARRISON

CHAPTER V JUDICIAL JURISDICTION OVER MEMBERS OF THE HONG KONG GARRISON

CHAPTER VI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1 This Law is enacted in accordance with the Constitution and

the Basic Law of the Hong Kong Special Administrative Region to ensure

the lawful performance of functions and responsibilities by the military

forces stationed by the Central People's Government in the Hong Kong

Special Administrative Region for defence, and to maintain the

sovereignty, unity and territorial integrity of the State and the

security of Hong Kong.

Article 2 The military forces stationed by the Central People's

Government in the Hong Kong Special Administrative Region for defence

shall be composed of forces from the Army, the Navy and the Air Force of

the Chinese People's Liberation Army, and be designated as the Hong Kong

Garrison of the Chinese People's Liberation Army (hereinafter referred

to as the Hong Kong Garrison).

Article 3 The Hong Kong Garrison shall be subject to the direction of

the Central Military Commission of the People's Republic of China. The

number of its members shall be determined according to the need for the

defence of the Hong Kong Special Administrative Region.

The Hong Kong Garrison shall practise a system of rotation of its

members.

Article 4 Expenditure for the Hong Kong Garrison shall be borne by the

Central People's Government.

CHAPTER II FUNCTIONS AND RESPONSIBILITIES OF THE HONG KONG GARRISON

Article 5 The Hong Kong Garrison shall perform the following defence

functions and responsibilities:

(1) preparing against and resisting aggression, and safeguarding the

security of the Hong Kong Special Administrative Region;

(2) carrying out defence duties;

(3) administering military facilities; and

(4) handling foreign-related military affairs.

Article 6 In the event that the Standing Committee of the National

People's Congress decides to declare a state of war or, by reason of

turmoil within the Hong Kong Special Administrative Region which

endangers national unity or security and is beyond the control of the

Government of the Region, decides that the Region is in a state of

emergency, the Hong Kong Garrison shall perform its duties in accordance

with the provisions of the national laws that the Central People's

Government decides to apply in the Region.

Article 7 No weapon and equipment, such as aircraft and vessels, and no

material of the Hong Kong Garrison, and no member or vehicle of the

Garrison that bears a certificate or a document of certification issued

by the Hong Kong Garrison showing that the bearer is on official duty,

shall be inspected, searched, seized or detained by any law-enforcing

officer of the Hong Kong Special Administrative Region.

The Hong Kong Garrison and its members shall also enjoy other rights and

immunities prescribed by the laws in force in the Hong Kong Special

Administrative Region.

Article 8 Members of the Hong Kong Garrison may, in accordance with the

provisions of the laws in force in the Hong Kong Special Administrative

Region, take measures to stop any act which obstructs their performance

of official duties.

CHAPTER III RELATIONSHIP BETWEEN THE HONG KONG GARRISON AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Article 9 The Hong Kong Garrison shall not interfere in the local

affairs of the Hong Kong Special Administrative Region.

Article 10 The Government of the Hong Kong Special Administrative Region

shall support the Hong Kong Garrison in its performance of defence

functions and responsibilities and guarantee the lawful rights and

interests of the Hong Kong Garrison and its members.

The Hong Kong Special Administrative Region shall consult the Hong Kong

Garrison when formulating any policy or drafting any legislation which

concerns the Hong Kong Garrison.

Article 11 The Hong Kong Garrison shall notify in advance the Government

of the Hong Kong Special Administrative Region of any military

activities it is to conduct such as training exercises and manoeuvres

which may affect the public interests of the Hong Kong Special

Administrative Region.

Article 12 The Hong Kong Garrison and the Government of the Hong Kong

Special Administrative Region shall jointly protect the military

facilities within the Hong Kong Special Administrative Region.

The Hong Kong Garrison shall delimit military restricted zones in

conjunction with the Government of the Hong Kong Special Administrative

Region. The locations and boundaries of the military restricted zones

shall be declared by the Government of the Hong Kong Special

Administrative Region.

The Government of the Hong Kong Special Administrative Region shall

assist the Hong Kong Garrison in maintaining the security of the

military restricted zones.

Without permission of the Commander of the Hong Kong Garrison or other

officers as he may authorize to give such permission, no person,

vehicle, vessel or aircraft other than those of the Hong Kong

Garrison shall enter the military restricted zones. Guards of the

military restricted zones shall have the right to stop according to

law any unauthorized entry into any military restricted zone or any

act which damages or endangers any military facilities.

The Hong Kong Garrison shall protect the natural resources, historical

relics and monuments, and other non-military rights and interests within

the military restricted zones in accordance with the laws of the Hong

Kong Special Administrative Region.

Article 13 Any land used by the Hong Kong Garrison for military

purposes, when approved by the Central People's Government to be no

longer needed for defence purposes, shall be turned over without

compensation to the Government of the Hong Kong Special Administrative

Region for disposal.

If the Government of the Hong Kong Special Administrative Region needs

for public use any part of the land used for military purposes by the

Hong Kong Garrison, it shall seek approval of the Central People's

Government; where approval is obtained, the Government of the Hong Kong

Special Administrative Region shall make reprovision of land and

military facilities for the Hong Kong Garrison at such sites as agreed

to by the Central People's Government, and shall bear all the expenses

and costs entailed.

Article 14 Pursuant to the provisions of the Basic Law of the Hong Kong Special Administrative Region, the Government of the Hong Kong Special

Administrative Region may, when necessary, ask the Central People's

Government for assistance from the Hong Kong Garrison in the maintenance

of public order or in disaster relief.

Where the request of the Government of the Hong Kong Special

Administrative Region is approved by the Central People's Government,

the Hong Kong Garrison shall call out troops in accordance with the

order of the Central Military Commission to carry out tasks of

assistance in the maintenance of public order or in disaster relief, and

upon completion of the tasks, the troops shall return to their barracks

immediately.

The troops of the Hong Kong Garrison who are called out to assist in the

maintenance of public order or in disaster relief shall, under the

arrangement of the Government of the Hong Kong Special Administrative

Region, be commanded by the Commander of the Hong Kong Garrison or the

officer authorized by him.

Members of the Hong Kong Garrison may exercise the powers conferred by

the laws of the Hong Kong Special Administrative Region in the course of

rendering assistance in the maintenance of public order or in disaster

relief.

Article 15 The Hong Kong Garrison and the Government of the Hong Kong

Special Administrative Region shall establish necessary liaison to deal

with matters concerning the Hong Kong Garrison through consultation.

CHAPTER IV OBLIGATIONS OF THE DISCIPLINE FOR MEMBERS OF THE HONG KONG GARRISON

Article 16 Members of the Hong Kong Garrison shall fulfill the following

obligations:

(1) to be loyal to their motherland, perform their functions and

responsibilities, maintain the security, honour and interests of their

motherland, and safeguard the security of Hong Kong;

(2) to abide by national laws and the laws of the Hong Kong Special

Administrative Region, and observe military discipline;

(3) to respect the organs of political power, the social system and the

ways of life of the Hong Kong Special Administrative Region;

(4) to cherish the public property of the Hong Kong Special

Administrative Region and the private property of Hong Kong residents

and other persons; and

(5) to observe public ethics and cultivate civility and courtesy.

Article 17 Members of the Hong Kong Garrison shall not join any

political, religious or social organization in Hong Kong.

Article 18 The Hong Kong Garrison or its members shall not engage in any

form of profit-making business activities. Members of the Hong Kong

Garrison shall not engage in any other activity incompatible with their

functions and responsibilities as servicemen.

Article 19 Any member of the Hong Kong Garrison who contravenes any

national law or law of the Hong Kong Special Administrative Region shall

be investigated for legal responsibility according to law.

Any member of the Hong Kong Garrison who breaches military discipline

shall be subject to disciplinary sanction.

CHAPTER V JUDICIAL JURISDICTION OVER MEMBERS OF THE HONG KONG GARRISON

Article 20 Criminal offences committed by members of the Hong Kong

Garrison shall be under the jurisdiction of the military judicial

organs; but offences which are committed by members of the Hong Kong

Garrison when not performing their official duties and in such violation

of the personal right or property right of Hong Kong residents or other

persons who are not of the Hong Kong Garrison or otherwise in such

contravention of the laws of the Hong Kong Special Administrative Region

as to constitute crimes, shall be subject to the jurisdiction of the

courts and the relevant law-enforcing organs of the Hong Kong Special

Administrative Region.

The military judicial organ and the court or the relevant law-enforcing

organ of the Hong Kong Special Administrative Region may transfer to the

other party the criminal cases of members of the Hong Kong Garrison

under their respective jurisdiction if they consider it to be more

appropriate for the other party to exercise jurisdiction, provided that

consensus is reached through consultation.

Hong Kong residents or other persons not of the Hong Kong Garrison

involved as defendants in the criminal cases of members of the Hong Kong

Garrison under the jurisdiction of the military judicial organs shall be

tried by the courts of the Hong Kong Special Administrative Region.

Article 21 Any person who is lawfully arrested as a suspected offender

by law-enforcing officers of the Hong Kong Special Administrative

Region, once confirmed upon investigation to be a member of the Hong

Kong Garrison, shall be handed over to the Hong Kong Garrison for

custody. Jurisdiction over the case involving the person in custody

shall be determined in accordance with the provisions in Article 20 of

this Law.

Article 22 Any member of the Hong Kong Garrison sentenced by a court of

the Hong Kong Special Administrative Region to criminal punishment which

deprives him of or restricts his personal freedom shall be delivered for

sentence enforcement according to the provisions of the laws of the Hong

Kong Special Administrative Region, except for the case in which the

place of sentence enforcement is otherwise determined by a relevant law-

enforcing organ of the Hong Kong Special Administrative Region and the

military judicial organ through consultation.

Article 23 Where any member of the Hong Kong Garrison, in contravention

of the laws of the Hong Kong Special Administrative Region, infringes

the civil rights of any Hong Kong resident or other person not of the

Hong Kong Garrison, the parties concerned may seek settlement through

consultation or mediation; if they are unwilling or fail to reach

settlement through consultation or mediation, the infringed party may

bring an action in the court. Cases of tort arising from acts committed

by members of the Hong Kong Garrison when not performing their official

duties shall be subject to the jurisdiction of the courts of the Hong

Kong Special Administrative Region; cases of tort arising from acts

committed by members of the Hong Kong Garrison when performing their

official duties shall be subject to the jurisdiction of the Supreme

People's Court of the People's Republic of China, and compensation for

any loss or injury incurred by acts of tort shall be governed by the

laws of the Hong Kong Special Administrative Region.

Article 24 Where any contractual dispute arises within the Hong Kong

Special Administrative Region between any organ or unit of the Hong Kong

Garrison and any Hong Kong resident or other person not of the Hong Kong

Garrison, the parties concerned may settle their dispute through

consultation or mediation; if the parties are unwilling or fail to reach

settlement through consultation or mediation, they may submit the

dispute to the arbitration agency for arbitration in accordance with the

arbitration clause contained in the contract or with a written

arbitration agreement reached by the parties afterwards. If no

arbitration clause is contained in the contract and no written

arbitration agreement is reached afterwards, the parties may institute

proceedings in a court of the Hong Kong Special Administrative Region,

except that the parties agree otherwise as to the court for instituting

proceedings.

Article 25 Certificates issued by the Hong Kong Garrison regarding facts

such as identity of membership of the Hong Kong Garrison and acts in

performance of official duties shall be valid evidence in proceedings in

the courts of the Hong Kong Special Administrative Region, unless the

contrary is proved.

Article 26 Acts of State of the Hong Kong Garrison such as defence

affairs shall not be subject to the jurisdiction of the courts of the

Hong Kong Special Administrative Region.

Article 27 Organs or units of the Hong Kong Garrison shall comply with

the judgments or orders issued by the courts of the Hong Kong Special

Administrative Region concerning arrangement of their property; but the

said courts shall not enforce judgments or orders on any weapon,

equipment, material or other property of the Hong Kong Garrison.

Article 28 The military judicial organs may, through consultation,

maintain juridical relations with the courts and the relevant law-

enforcing organs of the Hong Kong Special Administrative Region, and

they may render assistance to each other.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 29 The power of interpretation of this Law shall be vested in

the Standing Committee of the National People's Congress.

Article 30 This Law shall come into force a of July 1, 1997.

 

 

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